1.1    .................... moves to amend H. F. No. 1072 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 149A.01, subdivision 2, is amended to
1.4read:
1.5    Subd. 2. Scope. In Minnesota no person shall, without being licensed by the
1.6commissioner of health:
1.7    (1) take charge of, or remove from the place of death, or transport a dead human
1.8body;
1.9    (2) prepare a dead human body for final disposition, in any manner; or
1.10    (3) arrange, direct, or supervise a funeral, memorial service, or graveside service.

1.11    Sec. 2. Minnesota Statutes 2006, section 149A.01, subdivision 3, is amended to read:
1.12    Subd. 3. Exceptions to licensure. (a) Except as otherwise provided in this chapter,
1.13nothing in this chapter shall in any way interfere with the duties of:
1.14    (1) an officer of any public institution;
1.15    (2) (1) an officer of a medical college, county medical society, anatomical
1.16association, or anatomical bequest program located within an accredited school of
1.17medicine or an accredited college of mortuary science;
1.18    (3) a donee of an anatomical gift;
1.19    (4) (2) a person engaged in the performance of duties prescribed by law relating to
1.20the conditions under which unclaimed dead human bodies are held subject to anatomical
1.21study;
1.22    (5) (3) authorized personnel from a licensed ambulance service in the performance
1.23of their duties;
1.24    (6) (4) licensed medical personnel in the performance of their duties; or
1.25    (7) (5) the coroner or medical examiner in the performance of the duties of their
1.26offices.
2.1    (b) This chapter does not apply to or interfere with the recognized customs or rites of
2.2any culture or recognized religion in the final disposition ceremonial washing, dressing,
2.3and casketing of their dead, to the extent that the all other provisions of this chapter are
2.4inconsistent with the customs or rites complied with.
2.5    (c) Noncompensated persons related by blood, adoption, or marriage to a decedent
2.6who chose to remove a body of a decedent from the place of death, transport the body,
2.7prepare the body for disposition, except embalming, or arrange for final disposition of
2.8the body are not required to be licensed, with the right to control the dead human body
2.9may remove a body from the place of death; transport the body; prepare the body for
2.10disposition, except embalming; or arrange for final disposition of the body, provided that
2.11all actions are in compliance with this chapter.
2.12    (d) Noncompensated persons acting pursuant to the lawful directive of a decedent
2.13who remove a body of the decedent from the place of death, transport the body, prepare
2.14the body for disposition, except embalming, or arrange for final disposition of the body
2.15are not required to be licensed, provided that all actions are otherwise in compliance
2.16with this chapter.
2.17    (e) (d) Persons serving internships pursuant to section 149A.20, subdivision 6,
2.18or students officially registered for a practicum or clinical through an a program of
2.19mortuary science accredited college or university or a college of funeral service education
2.20accredited by the American Board of Funeral Service Education are not required to be
2.21licensed, provided that the persons or students are registered with the commissioner and
2.22act under the direct and exclusive supervision of a person holding a current license to
2.23practice mortuary science in Minnesota.
2.24    (f) (e) Notwithstanding this subdivision, nothing in this section shall be construed to
2.25prohibit an institution or entity from establishing, implementing, or enforcing a policy that
2.26permits only persons licensed by the commissioner to remove or cause to be removed a
2.27dead body or body part from the institution or entity.
2.28    (f) An unlicensed person may arrange for and direct or supervise a memorial service
2.29after final disposition of the dead human body has taken place. An unlicensed person may
2.30not take charge of the dead human body, however an unlicensed person may arrange for
2.31and direct or supervise a memorial service before final disposition of the dead human
2.32body has taken place.

2.33    Sec. 3. Minnesota Statutes 2006, section 149A.02, subdivision 2, is amended to read:
2.34    Subd. 2. Alternative container. "Alternative container" means a rigid nonmetal
2.35receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed
2.36for the encasement of dead human bodies and is made of corrugated cardboard, fiberboard,
3.1pressed-wood, composition materials, with or without an outside covering, or other like
3.2materials.

3.3    Sec. 4. Minnesota Statutes 2006, section 149A.02, is amended by adding a subdivision
3.4to read:
3.5    Subd. 5a. Clinical student. "Clinical student" means a person officially registered
3.6for a clinical through a program of mortuary science accredited by the American Board of
3.7Funeral Service Education.

3.8    Sec. 5. Minnesota Statutes 2006, section 149A.02, subdivision 8, is amended to read:
3.9    Subd. 8. Cremated remains container. "Cremated remains container" means
3.10a receptacle in which postcremation remains are placed. For purposes of this chapter,
3.11"cremated remains container" is interchangeable with "urn" or similar keepsake storage
3.12jewelry.

3.13    Sec. 6. Minnesota Statutes 2006, section 149A.02, subdivision 11, is amended to read:
3.14    Subd. 11. Cremation container. "Cremation container" means a rigid, combustible,
3.15closed container resistant to the leakage of bodily fluids into which that encases the body
3.16and can be made of materials like fiberboard, or corrugated cardboard and into which a
3.17dead human body is placed prior to insertion into a cremation chamber for cremation.
3.18Cremation containers may be combustible "alternative containers" or combustible
3.19"caskets."

3.20    Sec. 7. Minnesota Statutes 2006, section 149A.02, subdivision 12, is amended to read:
3.21    Subd. 12. Crematory. "Crematory" means a building or structure containing one
3.22or more cremation chambers or retorts for the cremation of dead human bodies or any
3.23person that performs cremations.

3.24    Sec. 8. Minnesota Statutes 2006, section 149A.02, subdivision 13, is amended to read:
3.25    Subd. 13. Direct cremation. "Direct cremation" means a final disposition of a dead
3.26human body by cremation, without formal viewing, visitation, or ceremony with the
3.27body present.

3.28    Sec. 9. Minnesota Statutes 2006, section 149A.02, is amended by adding a subdivision
3.29to read:
3.30    Subd. 13a. Direct supervision. "Direct supervision" means overseeing the
3.31performance of an individual. For the purpose of a clinical, practicum, or internship, direct
3.32supervision means that the supervisor is available to observe and correct, as needed, the
3.33performance of the trainee. The mortician supervisor is accountable for the actions of the
3.34clinical student, practicum student, or intern throughout the course of the training. The
4.1supervising mortician is accountable for any violations of law or rule, in the performance
4.2of their duties, by the clinical student, practicum student, or intern.

4.3    Sec. 10. Minnesota Statutes 2006, section 149A.02, subdivision 16, is amended to read:
4.4    Subd. 16. Final disposition. "Final disposition" means the acts leading to and the
4.5entombment, burial in a cemetery, or cremation of a dead human body.

4.6    Sec. 11. Minnesota Statutes 2006, section 149A.02, subdivision 33, is amended to read:
4.7    Subd. 33. Practicum student. "Practicum student" means a person officially
4.8registered for a practicum through an a program of mortuary science accredited college or
4.9university or a college of funeral service education accredited by the American Board of
4.10Funeral Service Education.

4.11    Sec. 12. Minnesota Statutes 2006, section 149A.02, subdivision 34, is amended to read:
4.12    Subd. 34. Preparation of the body. "Preparation of the body" means embalming of
4.13the body or such items of care as washing, disinfecting, shaving, positioning of features,
4.14restorative procedures, care of hair, application of cosmetics, dressing, and casketing.

4.15    Sec. 13. Minnesota Statutes 2006, section 149A.02, is amended by adding a
4.16subdivision to read:
4.17    Subd. 37b. Refrigeration. "Refrigeration" means to preserve by keeping cool at a
4.18temperature of 40 degrees Fahrenheit or less using mechanical or natural means.

4.19    Sec. 14. Minnesota Statutes 2006, section 149A.03, is amended to read:
4.20149A.03 DUTIES OF COMMISSIONER.
4.21    The commissioner shall:
4.22    (1) enforce all laws and adopt and enforce rules relating to the:
4.23    (i) removal, preparation, transportation, arrangements for disposition, and final
4.24disposition of dead human bodies;
4.25    (ii) licensure and professional conduct of funeral directors, morticians, and interns,
4.26practicum students, and clinical students;
4.27    (iii) licensing and operation of a funeral establishment; and
4.28    (iv) licensing and operation of a crematory;
4.29    (2) provide copies of the requirements for licensure and permits to all applicants;
4.30    (3) administer examinations and issue licenses and permits to qualified persons
4.31and other legal entities;
4.32    (4) maintain a record of the name and location of all current licensees and interns;
4.33    (5) perform periodic compliance reviews and premise inspections of licensees;
4.34    (6) accept and investigate complaints relating to conduct governed by this chapter;
4.35    (7) maintain a record of all current preneed arrangement trust accounts;
5.1    (8) maintain a schedule of application, examination, permit, and licensure fees,
5.2initial and renewal, sufficient to cover all necessary operating expenses;
5.3    (9) educate the public about the existence and content of the laws and rules for
5.4mortuary science licensing and the removal, preparation, transportation, arrangements
5.5for disposition, and final disposition of dead human bodies to enable consumers to file
5.6complaints against licensees and others who may have violated those laws or rules;
5.7    (10) evaluate the laws, rules, and procedures regulating the practice of mortuary
5.8science in order to refine the standards for licensing and to improve the regulatory and
5.9enforcement methods used; and
5.10    (11) initiate proceedings to address and remedy deficiencies and inconsistencies in
5.11the laws, rules, or procedures governing the practice of mortuary science and the removal,
5.12preparation, transportation, arrangements for disposition, and final disposition of dead
5.13human bodies.

5.14    Sec. 15. Minnesota Statutes 2006, section 149A.20, subdivision 1, is amended to read:
5.15    Subdivision 1. License required. Except as provided in section 149A.01,
5.16subdivision 3 , any person who takes charge of, or removes from the place of death, or
5.17transports a dead human body, or prepares a dead human body for final disposition in any
5.18manner, or arranges, directs, or supervises a funeral, memorial service, or graveside service
5.19must possess a valid license to practice mortuary science issued by the commissioner.
5.20A funeral establishment may provide a nonlicensed individual to direct or supervise a
5.21memorial service provided they disclose that information to the person or persons with the
5.22authority to make the funeral arrangement as provided in section 149A.80.

5.23    Sec. 16. Minnesota Statutes 2006, section 149A.20, subdivision 4, is amended to read:
5.24    Subd. 4. Educational requirements. (a) Effective on January 1, 1999, The person
5.25shall have:
5.26    (1) received a bachelor of science degree with a major in mortuary science from an
5.27accredited college or university;
5.28    (2) received a bachelor of science or arts degree from an accredited college or
5.29university and completed a separate course of study in mortuary science from a college
5.30of funeral service education accredited by the American Board of Funeral Service
5.31Education; or
5.32    (3) completed credit hours at accredited colleges or universities that in the numerical
5.33aggregate and distribution are the functional equivalent of a bachelor of arts or science
5.34degree and have completed a separate course of study in mortuary science from a college
5.35of funeral service education program of mortuary science accredited by the American
5.36Board of Funeral Service Education.
6.1    (b) In the interim, from July 1, 1997, to December 31, 1998, the educational
6.2requirements for initial licensure shall be:
6.3    (1) successful completion of at least 60 semester credit hours or 90 quarter credit
6.4hours at an accredited college or university with the following minimum credit distribution:
6.5    (i) communications, including speech and English; 12 quarter hours or nine semester
6.6hours;
6.7    (ii) social science, including an introductory course in sociology and psychology; 20
6.8quarter hours or 12 semester hours;
6.9    (iii) natural science, including general or inorganic chemistry and biology; 20
6.10quarter hours or 12 semester hours;
6.11    (iv) health education, including personal or community health; three quarter hours or
6.12two semester hours; and
6.13    (v) elective areas; 35 quarter hours or 25 semester hours; and
6.14    (2) successful completion of a separate course of study in mortuary science from
6.15a college of funeral service education accredited by the American Board of Funeral
6.16Service Education.

6.17    Sec. 17. Minnesota Statutes 2006, section 149A.20, subdivision 6, is amended to read:
6.18    Subd. 6. Internship. (a) A person who attains a passing score on both examinations
6.19in subdivision 5 must complete a registered internship under the direct supervision of an
6.20individual currently licensed to practice mortuary science in Minnesota. Interns must file
6.21with the commissioner:
6.22    (1) the appropriate fee; and
6.23    (2) a registration form indicating the name and home address of the intern, the
6.24date the internship begins, and the name, license number, and business address of the
6.25supervising mortuary science licensee.
6.26    (b) Any changes in information provided in the registration must be immediately
6.27reported to the commissioner. The internship shall be a minimum of one calendar year
6.28and a maximum of three calendar years in duration; however, the commissioner may
6.29waive up to three months of the internship time requirement upon satisfactory completion
6.30of the a clinical or practicum in mortuary science administered through the program
6.31of mortuary science of the University of Minnesota or a substantially similar program.
6.32Registrations must be renewed on an annual basis if they exceed one calendar year.
6.33During the internship period, the intern must be under the direct and exclusive supervision
6.34of a person holding a current license to practice mortuary science in Minnesota. An intern
6.35may be registered under only one licensee at any given time and may be directed and
6.36supervised only by the registered licensee. The registered licensee shall have only one
7.1intern registered at any given time. The commissioner shall issue to each registered intern
7.2a registration permit that must be displayed with the other establishment and practice
7.3licenses. While under the direct and exclusive supervision of the licensee, the intern
7.4must actively participate in the embalming of at least 25 dead human bodies and in the
7.5arrangements for and direction of at least 25 funerals. Case reports, on forms provided by
7.6the commissioner, shall be completed by the intern, signed by the supervising licensee,
7.7and filed with the commissioner for at least 25 embalmings and funerals in which the
7.8intern participates. Information contained in these reports that identifies the subject or the
7.9family of the subject embalmed or the subject or the family of the subject of the funeral
7.10shall be classified as licensing data under section 13.41, subdivision 2.

7.11    Sec. 18. Minnesota Statutes 2006, section 149A.40, subdivision 11, is amended to read:
7.12    Subd. 11. Continuing education. The commissioner may, upon presentation of
7.13an appropriate program of continuing education developed by the Minnesota Funeral
7.14Directors Association, require continuing education hours for renewal of a license to
7.15practice mortuary science.

7.16    Sec. 19. Minnesota Statutes 2006, section 149A.45, is amended by adding a
7.17subdivision to read:
7.18    Subd. 6. Fees. The renewal fees shall be paid to the commissioner of finance and
7.19shall be credited to the state government special revenue fund in the state treasury.

7.20    Sec. 20. Minnesota Statutes 2006, section 149A.45, is amended by adding a
7.21subdivision to read:
7.22    Subd. 7. Reinstatement. After one year a person who registers under this section
7.23may reapply meeting current requirements for licensure listed in section 149A.20.

7.24    Sec. 21. Minnesota Statutes 2006, section 149A.50, subdivision 2, is amended to read:
7.25    Subd. 2. Requirements for funeral establishment. A funeral establishment
7.26licensed under this section must contain:
7.27    (1) contain a preparation and embalming room as described in section 149A.92; and
7.28    (2) contain office space for making arrangements.; and
7.29    (3) comply with applicable local and state building codes, zoning laws, and
7.30ordinances.

7.31    Sec. 22. Minnesota Statutes 2006, section 149A.50, subdivision 4, is amended to read:
7.32    Subd. 4. Nontransferability of license. A license to operate a funeral establishment
7.33is not assignable or transferable and shall not be valid for any person other than the one
7.34named. Each license issued to operate a funeral establishment is valid only for the location
7.35identified on the license. A 50 percent or more change in ownership or location of the
8.1funeral establishment automatically terminates the license. Separate licenses shall be
8.2required of two or more persons or other legal entities operating from the same location.

8.3    Sec. 23. Minnesota Statutes 2006, section 149A.52, subdivision 4, is amended to read:
8.4    Subd. 4. Nontransferability of license. A license to operate a crematory is not
8.5assignable or transferable and shall not be valid for any person other than the one named.
8.6Each license issued to operate a crematory is valid only for the location identified on
8.7the license. A 50 percent or more change in ownership or location of the crematory
8.8automatically terminates the license. Separate licenses shall be required of two or more
8.9persons or other legal entities operating from the same location.

8.10    Sec. 24. Minnesota Statutes 2006, section 149A.52, is amended by adding a
8.11subdivision to read:
8.12    Subd. 5a. Initial licensure and inspection fees. The licensure and inspection fees
8.13shall be paid to the commissioner of finance and shall be credited to the state government
8.14special revenue fund in the state treasury.

8.15    Sec. 25. Minnesota Statutes 2006, section 149A.53, is amended by adding a
8.16subdivision to read:
8.17    Subd. 9. Renewal and reinspection fees. The renewal and reinspection fees shall
8.18be paid to the commissioner of finance and shall be credited to the state government
8.19special revenue fund in the state treasury.

8.20    Sec. 26. Minnesota Statutes 2006, section 149A.63, is amended to read:
8.21149A.63 PROFESSIONAL COOPERATION.
8.22    A licensee, clinical student, practicum student, intern, or applicant for licensure
8.23under this chapter that is the subject of or part of an inspection or investigation by the
8.24commissioner or the commissioner's designee shall cooperate fully with the inspection
8.25or investigation. Failure to cooperate constitutes grounds for disciplinary action under
8.26this chapter.

8.27    Sec. 27. Minnesota Statutes 2006, section 149A.70, subdivision 1, is amended to read:
8.28    Subdivision 1. Use of titles. Only a person holding a valid license to practice
8.29mortuary science issued by the commissioner may use the title of mortician, funeral
8.30director, or any other title implying that the licensee is engaged in the business or practice
8.31of mortuary science. Only the holder of a valid license to operate a funeral establishment
8.32issued by the commissioner may use the title of funeral home, funeral chapel, funeral
8.33service, or any other title, word, or term implying that the licensee is engaged in the
8.34business or practice of mortuary science. Only the holder of a valid license to operate a
9.1crematory issued by the commissioner may use the title of crematory, crematorium, or any
9.2other title, word, or term implying that the licensee operates a crematory or crematorium.

9.3    Sec. 28. Minnesota Statutes 2006, section 149A.70, subdivision 3, is amended to read:
9.4    Subd. 3. Advertising. No licensee, clinical student, practicum student, or intern
9.5shall publish or disseminate false, misleading, or deceptive advertising. False, misleading,
9.6or deceptive advertising includes, but is not limited to:
9.7    (1) identifying, by using the names or pictures of, persons who are not licensed to
9.8practice mortuary science in a way that leads the public to believe that those persons will
9.9provide mortuary science services;
9.10    (2) using any name other than the names under which the funeral establishment or
9.11crematory is known to or licensed by the commissioner;
9.12    (3) using a surname not directly, actively, or presently associated with a licensed
9.13funeral establishment or crematory, unless the surname had been previously and
9.14continuously used by the licensed funeral establishment or crematory; and
9.15    (4) using a founding or establishing date or total years of service not directly or
9.16continuously related to a name under which the funeral establishment or crematory is
9.17currently or was previously licensed.
9.18    Any advertising or other printed material that contains the names or pictures of
9.19persons affiliated with a funeral establishment or crematory shall state the position held by
9.20the persons and shall identify each person who is licensed or unlicensed under this chapter.

9.21    Sec. 29. Minnesota Statutes 2006, section 149A.70, subdivision 5, is amended to read:
9.22    Subd. 5. Reimbursement prohibited. No licensee, clinical student, practicum
9.23student, or intern shall offer, solicit, or accept a commission, fee, bonus, rebate, or other
9.24reimbursement in consideration for recommending or causing a dead human body to be
9.25disposed of in by a specific body donation program, funeral establishment, crematory,
9.26mausoleum, or cemetery.

9.27    Sec. 30. Minnesota Statutes 2006, section 149A.70, subdivision 5a, is amended to read:
9.28    Subd. 5a. Solicitations prohibited in certain situations. No funeral provider or
9.29whole body donation program may directly or indirectly:
9.30    (1) call upon an individual at a grave site, in a hospital, nursing home, hospice,
9.31or similar institution or facility, or at a visitation, wake, or reviewal for the purpose of
9.32soliciting the sale of funeral goods, funeral services, burial site goods, or burial site
9.33services or for the purpose of making arrangements for a funeral or the final disposition of
9.34a dead human body, without a specific request for solicitation from that individual;
10.1    (2) solicit the sale of funeral goods, funeral services, burial site goods, or burial site
10.2services from an individual whose impending death is readily apparent, without a specific
10.3request for solicitation from that individual; or
10.4    (3) engage in telephone solicitation of an individual who has the right to control the
10.5final disposition of a dead human body within ten days after the death of the individual
10.6whose body is being disposed, without a specific request for solicitation from that
10.7individual.
10.8    This subdivision does not apply to communications between an individual and a
10.9funeral provider who is related to the individual by blood, adoption, or marriage.

10.10    Sec. 31. Minnesota Statutes 2006, section 149A.70, subdivision 6, is amended to read:
10.11    Subd. 6. Use of unlicensed personnel; interns; and practicum students. Except
10.12as otherwise provided in this chapter, a licensed funeral establishment may not employ
10.13unlicensed personnel to perform the duties of a funeral director or mortician so long as the
10.14unlicensed personnel act under the direct supervision of an individual holding a current
10.15license to practice mortuary science in Minnesota and all applicable provisions of this
10.16chapter are followed. It is the duty of the licensees, individual or establishment, to provide
10.17proper training for all unlicensed personnel, and the licensees shall be strictly accountable
10.18for compliance with this chapter. This subdivision does not apply to registered interns
10.19who are under the direct and exclusive supervision of a registered licensee or a student
10.20duly registered for a practicum through an accredited college or university or a college of
10.21funeral service education accredited by the American Board of Funeral Service Education.
10.22A licensee may be personally assisted by a nonlicensed employee when removing a dead
10.23human body from the place of death and in the lifting of a dead human body at the funeral
10.24establishment. The nonlicensed employee must be in the immediate physical presence of
10.25the licensee in charge at all times. The funeral establishment and the individual licensee
10.26are responsible for compliance and training of the nonlicensed employee outlined in
10.27sections 149A.90, subdivision 6, and 149A.92, subdivisions 7 and 10, and shall be fully
10.28accountable for all actions of the nonlicensed employee.

10.29    Sec. 32. Minnesota Statutes 2006, section 149A.70, subdivision 7, is amended to read:
10.30    Subd. 7. Unprofessional conduct. No licensee or intern shall engage in or
10.31permit others under the licensee's or intern's supervision or employment to engage in
10.32unprofessional conduct. Unprofessional conduct includes, but is not limited to:
10.33    (1) harassing, abusing, or intimidating a customer, employee, or any other person
10.34encountered while within the scope of practice, employment, or business;
10.35    (2) using profane, indecent, or obscene language within the immediate hearing
10.36of the family or relatives of the deceased;
11.1    (3) (2) failure to treat with dignity and respect the body of the deceased, any member
11.2of the family or relatives of the deceased, any employee, or any other person encountered
11.3while within the scope of practice, employment, or business;
11.4    (4) (3) the habitual overindulgence in the use of or dependence on intoxicating
11.5liquors, prescription drugs, over-the-counter drugs, illegal drugs, or any other mood
11.6altering substances that substantially impair a person's work-related judgment or
11.7performance;
11.8    (5) (4) revealing personally identifiable facts, data, or information about a decedent,
11.9customer, member of the decedent's family, or employee acquired in the practice or
11.10business without the prior consent of the individual, except as authorized by law;
11.11    (6) (5) intentionally misleading or deceiving any customer in the sale of any goods
11.12or services provided by the licensee;
11.13    (7) (6) knowingly making a false statement in the procuring, preparation, or filing of
11.14any required permit or document; or
11.15    (8) (7) knowingly making a false statement on a record of death.

11.16    Sec. 33. Minnesota Statutes 2006, section 149A.70, subdivision 8, is amended to read:
11.17    Subd. 8. Disclosure of ownership. All funeral establishments and funeral providers
11.18must clearly state by whom they are owned in on all price lists, business literature,
11.19stationary, Web sites, correspondence, and contracts. This subdivision does not apply to
11.20envelopes, business cards, newspaper advertisements, telephone book advertisements,
11.21billboard advertisements, or radio and television advertisements.

11.22    Sec. 34. Minnesota Statutes 2006, section 149A.70, subdivision 9, is amended to read:
11.23    Subd. 9. Disclosure of change of ownership. (a) Within 15 days of a change in
11.24ownership of a funeral establishment or funeral provider, the funeral establishment or
11.25funeral provider shall notify all preneed consumers by first class mail of the change in
11.26ownership. The notification shall advise the preneed consumers of their right to transfer
11.27all preneed trust funds to a new funeral provider and shall advise all preneed consumers
11.28who have revocable preneed trusts of their right to terminate the trust and receive a refund
11.29of all principal paid into the trust, plus interest accrued.
11.30    (b) For purposes of this subdivision:
11.31    (1) "change in ownership" means:
11.32    (i) the sale or transfer of all or substantially all 50 percent or more of the controlling
11.33interest or assets of a funeral establishment or funeral provider;
11.34    (ii) the sale or transfer of a controlling interest of a funeral establishment or funeral
11.35provider; or
12.1    (iii) the termination of the business of a funeral establishment or funeral provider
12.2where there is no transfer of assets or stock; and
12.3    (2) "controlling interest" means:
12.4    (i) an interest in a partnership of greater than 50 percent; or
12.5    (ii) greater than 50 percent of the issued and outstanding shares of a stock of a
12.6corporation.

12.7    Sec. 35. Minnesota Statutes 2006, section 149A.71, subdivision 2, is amended to read:
12.8    Subd. 2. Preventive requirements. (a) To prevent unfair or deceptive acts or
12.9practices, the requirements of this subdivision must be met.
12.10    (b) Funeral providers must tell persons who ask by telephone about the funeral
12.11provider's offerings or prices any accurate information from the price lists described in
12.12paragraphs (c) to (e) and any other readily available information that reasonably answers
12.13the questions asked.
12.14    (c) Funeral providers must make available for viewing to people who inquire in
12.15person about the offerings or prices of funeral goods or burial site goods, separate printed
12.16or typewritten price lists using a ten-point font or larger. Each funeral provider must have a
12.17separate price list for each of the following types of goods that are sold or offered for sale:
12.18    (1) caskets;
12.19    (2) alternative containers;
12.20    (3) outer burial containers;
12.21    (4) cremation containers and;
12.22    (5) cremated remains containers;
12.23    (5) (6) markers; and
12.24    (6) (7) headstones.
12.25    (d) Each separate price list must contain the name of the funeral provider's place
12.26of business, address, and telephone number and a caption describing the list as a price
12.27list for one of the types of funeral goods or burial site goods described in paragraph (c),
12.28clauses (1) to (6) (7). The funeral provider must offer the list upon beginning discussion
12.29of, but in any event before showing, the specific funeral goods or burial site goods and
12.30must provide a photocopy of the price list, for retention, if so asked by the consumer. The
12.31list must contain, at least, the retail prices of all the specific funeral goods and burial site
12.32goods offered which do not require special ordering, enough information to identify each,
12.33and the effective date for the price list. In lieu of a written price list, other formats, such
12.34as notebooks, brochures, or charts may be used if they contain the same information as
12.35would the printed or typewritten list, and display it in a clear and conspicuous manner.
12.36However, funeral providers are not required to make a specific price list available if the
13.1funeral providers place the information required by this paragraph on the general price
13.2list described in paragraph (e).
13.3    (e) Funeral providers must give a printed or typewritten price list, for retention, to
13.4persons who inquire in person about the funeral goods, funeral services, burial site goods,
13.5or burial site services or prices offered by the funeral provider. The funeral provider
13.6must give the list upon beginning discussion of either the prices of or the overall type
13.7of funeral service or disposition or specific funeral goods, funeral services, burial site
13.8goods, or burial site services offered by the provider. This requirement applies whether
13.9the discussion takes place in the funeral establishment or elsewhere. However, when
13.10the deceased is removed for transportation to the funeral establishment, an in-person
13.11request for authorization to embalm does not, by itself, trigger the requirement to offer
13.12the general price list. If the provider, in making an in-person request for authorization to
13.13embalm, discloses that embalming is not required by law except in certain special cases,
13.14the provider is not required to offer the general price list. Any other discussion during that
13.15time about prices or the selection of funeral goods, funeral services, burial site goods, or
13.16burial site services triggers the requirement to give the consumer a general price list. The
13.17general price list must contain the following information:
13.18    (1) the name, address, and telephone number of the funeral provider's place of
13.19business;
13.20    (2) a caption describing the list as a "general price list";
13.21    (3) the effective date for the price list;
13.22    (4) the retail prices, in any order, expressed either as a flat fee or as the prices per
13.23hour, mile, or other unit of computation, and other information described as follows:
13.24    (i) forwarding of remains to another funeral establishment, together with a list of
13.25the services provided for any quoted price;
13.26    (ii) receiving remains from another funeral establishment, together with a list of
13.27the services provided for any quoted price;
13.28    (iii) separate prices for each cremation offered by the funeral provider, with the price
13.29including an alternative or cremation container, any crematory charges, and a description
13.30of the services and container included in the price, where applicable, and the price of
13.31cremation where the purchaser provides the container;
13.32    (iv) separate prices for each immediate burial offered by the funeral provider,
13.33including a casket or alternative container, and a description of the services and container
13.34included in that price, and the price of immediate burial where the purchaser provides the
13.35casket or alternative container;
13.36    (v) transfer of remains to the funeral establishment;
14.1    (vi) embalming;
14.2    (vii) other preparation of the body;
14.3    (viii) use of facilities, equipment, or staff for viewing;
14.4    (ix) use of facilities, equipment, or staff for funeral ceremony;
14.5    (x) use of facilities, equipment, or staff for memorial service;
14.6    (xi) use of equipment or staff for graveside service;
14.7    (xii) hearse or funeral coach;
14.8    (xiii) limousine; and
14.9    (xiv) separate prices for all cemetery-specific goods and services, including all goods
14.10and services associated with interment and burial site goods and services and excluding
14.11markers and headstones;
14.12    (5) the price range for the caskets offered by the funeral provider, together with the
14.13statement "A complete price list will be provided at the funeral establishment or casket
14.14sale location." or the prices of individual caskets, as disclosed in the manner described
14.15in paragraphs (c) and (d);
14.16    (6) the price range for the alternative containers offered by the funeral provider,
14.17together with the statement "A complete price list will be provided at the funeral
14.18establishment or alternative container sale location." or the prices of individual alternative
14.19containers, as disclosed in the manner described in paragraphs (c) and (d);
14.20    (7) the price range for the outer burial containers offered by the funeral provider,
14.21together with the statement "A complete price list will be provided at the funeral
14.22establishment or outer burial container sale location." or the prices of individual outer
14.23burial containers, as disclosed in the manner described in paragraphs (c) and (d);
14.24    (8) the price range for the cremation containers and cremated remains containers
14.25offered by the funeral provider, together with the statement "A complete price list will be
14.26provided at the funeral establishment or cremation container sale location." or the prices
14.27of individual cremation containers and cremated remains containers, as disclosed in the
14.28manner described in paragraphs (c) and (d);
14.29    (9) the price range for the cremated remains containers offered by the funeral
14.30provider, together with the statement, "A complete price list will be provided at the funeral
14.31establishment or cremation container sale location," or the prices of individual cremation
14.32containers as disclosed in the manner described in paragraphs (c) and (d);
14.33    (10) the price for the basic services of funeral provider and staff, together with a list
14.34of the principal basic services provided for any quoted price and, if the charge cannot be
14.35declined by the purchaser, the statement "This fee for our basic services will be added to
14.36the total cost of the funeral arrangements you select. (This fee is already included in our
15.1charges for direct cremations, immediate burials, and forwarding or receiving remains.)" If
15.2the charge cannot be declined by the purchaser, the quoted price shall include all charges
15.3for the recovery of unallocated funeral provider overhead, and funeral providers may
15.4include in the required disclosure the phrase "and overhead" after the word "services." This
15.5services fee is the only funeral provider fee for services, facilities, or unallocated overhead
15.6permitted by this subdivision to be nondeclinable, unless otherwise required by law;
15.7    (10) if the price for basic services, as described in clause (9), is not applicable,
15.8the statement "Please note that a fee for the use of our basic services is included in the
15.9price of our caskets. Our services include (specify services provided)." The fee shall
15.10include all charges for the recovery of unallocated funeral provider overhead, and funeral
15.11providers may include in the required disclosure the phrase "and overhead" after the
15.12word "services." The statement must be placed on the general price list, together with the
15.13casket price range or the prices of individual caskets. This services fee is the only funeral
15.14provider fee for services, facilities, or unallocated overhead permitted by this subdivision
15.15to be nondeclinable, unless otherwise required by law; and
15.16    (11) the price range for the markers and headstones offered by the funeral provider,
15.17together with the statement "A complete price list will be provided at the funeral
15.18establishment or marker or headstone sale location." or the prices of individual markers
15.19and headstones, as disclosed in the manner described in paragraphs (c) and (d).; and
15.20    (12) any package priced funerals offered must be listed in addition to and following
15.21the information required in paragraph (e) and must clearly state the funeral goods and
15.22services being offered, the price being charged for those goods and services, and the
15.23discounted savings.
15.24    (f) Funeral providers must give an itemized written statement, for retention, to
15.25each consumer who arranges a an at-need funeral or other disposition of human remains
15.26at the conclusion of the discussion of the arrangements. The itemized written statement
15.27must be signed by the consumer selecting the goods and services as required in section
15.28149A.80. If the statement is provided at by a funeral establishment, the statement must
15.29be signed by the licensed funeral director or mortician planning the arrangements. If the
15.30statement is provided by any other funeral provider, the statement must be signed by an
15.31authorized agent of the funeral provider. The statement must list the funeral goods, funeral
15.32services, burial site goods, or burial site services selected by that consumer and the prices
15.33to be paid for each item, specifically itemized cash advance items (these prices must be
15.34given to the extent then known or reasonably ascertainable if the prices are not known
15.35or reasonably ascertainable, a good faith estimate shall be given and a written statement
15.36of the actual charges shall be provided before the final bill is paid), and the total cost of
16.1goods and services selected. The information required by this paragraph may be included
16.2on any contract, statement, or other document which the funeral provider would otherwise
16.3provide at the conclusion of discussion of arrangements. At the conclusion of an at-need
16.4arrangement, the funeral provider is required to give the consumer a copy of the signed
16.5itemized written contract that must contain the information required in this paragraph.
16.6    (g) Funeral providers must give any other price information, in any other format, in
16.7addition to that required by paragraphs (c) to (e) so long as the written statement required
16.8by paragraph (f) is given when required.
16.9    (h) (g) Upon receiving actual notice of the death of an individual with whom a
16.10funeral provider has entered a preneed funeral agreement, the funeral provider must
16.11provide a copy of all preneed funeral agreement documents to the person who controls
16.12final disposition of the human remains or to the designee of the person controlling
16.13disposition. The person controlling final disposition shall be provided with these
16.14documents at the time of the person's first in-person contact with the funeral provider, if
16.15the first contact occurs in person at a funeral establishment, crematory, or other place
16.16of business of the funeral provider. If the contact occurs by other means or at another
16.17location, the documents must be provided within 24 hours of the first contact.

16.18    Sec. 36. Minnesota Statutes 2006, section 149A.71, subdivision 4, is amended to read:
16.19    Subd. 4. Casket, alternate container, and cremation container sales; records;
16.20required disclosures. Any funeral provider who sells or offers to sell a casket, alternate
16.21container, or cremation container, or cremated remains container to the public must
16.22maintain a record of each sale that includes the name of the purchaser, the purchaser's
16.23mailing address, the name of the decedent, the date of the decedent's death, and the
16.24place of death. These records shall be open to inspection by the regulatory agency and
16.25reported to the commissioner. Any funeral provider selling a casket, alternate container, or
16.26cremation container to the public, and not having charge of the final disposition of the dead
16.27human body, shall enclose within the casket, alternate container, or cremation container
16.28information provided by the commissioner that includes a blank record of death, and
16.29provide a copy of the statutes and rules controlling the removal, preparation, transportation,
16.30arrangements for disposition, and final disposition of a dead human body. This subdivision
16.31does not apply to morticians, funeral directors, funeral establishments, crematories, or
16.32wholesale distributors of caskets, alternate containers, or cremation containers.

16.33    Sec. 37. Minnesota Statutes 2006, section 149A.72, subdivision 4, is amended to read:
16.34    Subd. 4. Casket for cremation provision; preventive measures. To prevent
16.35deceptive acts or practices, funeral providers must place the following disclosure in
16.36immediate conjunction with the prices shown for cremations: "Minnesota law does not
17.1require you to purchase a casket for cremation. If you want to arrange a cremation, you can
17.2use a cremation container. A cremation container is a rigid, combustible, closed container
17.3resistant to the leakage of bodily fluids, that encases the body and can be made of materials
17.4like fiberboard or composition materials (with or without an outside covering) corrugated
17.5cardboard and into which a dead human body is placed prior to insertion into a cremation
17.6chamber for cremation. The containers we provide are (specify containers provided)."
17.7This disclosure is required only if the funeral provider arranges direct cremations.

17.8    Sec. 38. Minnesota Statutes 2006, section 149A.74, subdivision 1, is amended to read:
17.9    Subdivision 1. Services provided without prior approval; deceptive acts
17.10or practices. In selling or offering to sell funeral goods or funeral services to the
17.11public, it is a deceptive act or practice for any funeral provider to embalm a dead
17.12human body unless state or local law or regulation requires embalming in the particular
17.13circumstances regardless of any funeral choice which might be made, or prior approval
17.14for embalming has been obtained from an individual legally authorized to make such a
17.15decision, or the funeral provider is unable to contact the legally authorized individual
17.16after exercising due diligence, has no reason to believe the legally authorized individual
17.17does not want embalming performed, and obtains subsequent approval for embalming
17.18already performed. In seeking approval to embalm, the funeral provider must disclose
17.19that embalming is not required by law except in certain circumstances; that a fee will be
17.20charged if a funeral is selected which requires embalming, such as a funeral with viewing;
17.21and that no embalming fee will be charged if the family selects a service which does not
17.22require embalming, such as direct cremation or immediate burial.

17.23    Sec. 39. Minnesota Statutes 2006, section 149A.80, subdivision 1, is amended to read:
17.24    Subdivision 1. Advance directives and will of decedent. A person may direct the
17.25preparation for, type, or place of that person's final disposition, either by oral or written
17.26instructions. A person may arrange for the preparation, type of service, and place of final
17.27disposition in advance of need with a funeral establishment by written instructions that are
17.28dated, signed, and notarized or witnessed. The person or persons otherwise entitled to
17.29control the final disposition under this chapter shall faithfully carry out the reasonable and
17.30otherwise lawful directions of the decedent to the extent that the decedent has provided
17.31resources for the purpose of carrying out the directions. If the instructions are contained
17.32in a will, they shall be immediately carried out, regardless of the validity of the will in
17.33other respects or of the fact that the will may not be offered for or admitted to probate
17.34until a later date, subject to other provisions of this chapter or any other law of this state.
17.35This subdivision shall be administered and construed so that the reasonable and lawful
18.1instructions of the decedent or the person entitled to control the final disposition shall be
18.2faithfully and promptly performed.

18.3    Sec. 40. Minnesota Statutes 2006, section 149A.80, subdivision 2, is amended to read:
18.4    Subd. 2. Determination of right to control and duty of disposition. The right to
18.5control the disposition of the remains of a deceased person, including the location and
18.6conditions of final disposition, unless other directions have been given by the decedent
18.7pursuant to subdivision 1, vests in, and the duty of final disposition of the body devolves
18.8upon, the following in the order named:
18.9    (1) the person or persons appointed in a dated written instrument signed by the
18.10decedent. Written instrument includes, but is not limited to, a health care directive
18.11executed under chapter 145C. Written instrument does not include a durable or nondurable
18.12power of attorney which terminates on the death of the principal pursuant to sections
18.13523.08 and 523.09;
18.14    (2) the surviving, legally recognized spouse;
18.15    (3) a majority of the surviving biological or adopted child or children of the decedent
18.16over the age of majority, provided that, in the absence of actual knowledge to the contrary,
18.17a funeral director or mortician may rely on instructions given by the child or children who
18.18represent that they are the sole surviving child, or that they constitute a majority of the
18.19surviving children;
18.20    (4) the surviving parent or parents of the decedent each having equal authority;
18.21    (5) a majority of the surviving biological or adopted sibling or siblings of the
18.22decedent over the age of majority, provided that, in the absence of actual knowledge to the
18.23contrary, a funeral director or mortician may rely on instructions given by the sibling or
18.24siblings who represent that they are the sole surviving sibling, or that they constitute a
18.25majority of the surviving siblings;
18.26    (6) the person or persons respectively in the next degree of kinship in the order
18.27named by law to inherit the estate of the decedent; and
18.28    (7) the appropriate public or court authority, as required by law.
18.29    For purposes of this subdivision, the appropriate public or court authority includes
18.30the county board of the county in which the death occurred if the person dies without
18.31apparent financial means to provide for final disposition or the district court in the county
18.32in which the death occurred.

18.33    Sec. 41. Minnesota Statutes 2006, section 149A.80, subdivision 3, is amended to read:
18.34    Subd. 3. Estranged persons. An estranged person gives up their rights according to
18.35subdivision 2, clauses (1) to (6). Where there is only one person in a degree of relationship
18.36to the decedent described in subdivision 2, clauses (1) to (6), and a district court pursuant
19.1to subdivision 5, determines that the person and the decedent were estranged at the time
19.2of death, the right to control and the duty of disposition shall devolve to the person or
19.3persons in the next degree of relationship pursuant to subdivision 2, clauses (1) to (6). For
19.4purposes of this subdivision, "estranged" means having a relationship characterized by
19.5mutual enmity, hostility, or indifference.

19.6    Sec. 42. Minnesota Statutes 2006, section 149A.90, subdivision 1, is amended to read:
19.7    Subdivision 1. Death record. (a) Except as provided in this section, a death record
19.8must be completed and filed for every known death by the mortician, funeral director, or
19.9other person lawfully in charge of the final disposition of the body.
19.10    (b) If the body is that of an individual whose identity is unknown, the person in
19.11charge of the final disposition of the body must notify the commissioner for purposes of
19.12compliance with section 144.05, subdivision 4.

19.13    Sec. 43. Minnesota Statutes 2006, section 149A.90, subdivision 3, is amended to read:
19.14    Subd. 3. Referrals to coroner or medical examiner. The mortician, funeral
19.15director, or other person lawfully in charge of the disposition of the body shall notify the
19.16coroner or medical examiner before moving a body from the site of death in any case:
19.17    (1) where the person is unable to obtain firm assurance from the physician in
19.18attendance that the medical certification will be signed;
19.19    (2) when circumstances suggest that the death was caused by other than natural
19.20causes;
19.21    (3) where deaths occur under mysterious or unusual circumstances;
19.22    (4) where there is a violent death, whether homicidal, suicidal, or accidental,
19.23including but not limited to: thermal, chemical, electrical, or radiational injury; and deaths
19.24due to criminal abortion, whether self-induced or not;
19.25    (5) where the body is to be disposed of in some manner which prevents later
19.26examination, including but not limited to, cremation, dissection, or burial at sea; or
19.27    (6) when the decedent was an inmate of a public institution who was not hospitalized
19.28for organic disease. Referrals to the coroner or medical examiner are outlined in section
19.29390.11.

19.30    Sec. 44. Minnesota Statutes 2006, section 149A.90, subdivision 4, is amended to read:
19.31    Subd. 4. Documentation Certificate of removal. No dead human body shall be
19.32removed from the place of death by a mortician or funeral director without the completion
19.33of a certificate of removal certification and, where possible, presentation of a copy of that
19.34certification certificate to the person or a representative of the legal entity with physical or
19.35legal custody of the body at the death site. The certificate of removal certification may
20.1shall be on a form in the format provided by the commissioner or on any other form that
20.2contains, at least, the following information:
20.3    (1) the name of the deceased, if known;
20.4    (2) the date and time of removal;
20.5    (3) a brief listing of the type and condition of any personal property removed with
20.6the body;
20.7    (4) the location to which the body is being taken;
20.8    (5) the name, business address, and license number of the individual making the
20.9removal; and
20.10    (6) the signatures of the individual making the removal and, where possible, the
20.11individual or representative of the legal entity with physical or legal custody of the body at
20.12the death site.

20.13    Sec. 45. Minnesota Statutes 2006, section 149A.90, subdivision 5, is amended to read:
20.14    Subd. 5. Retention of documentation certificate of removal. A copy of the
20.15certificate of removal certification shall be given, where possible, to the person or
20.16representative of the legal entity having physical or legal custody of the body at the death
20.17site. The original certificate of removal certification shall be retained by the individual
20.18making the removal and shall be kept on file, at the funeral establishment or crematory
20.19to which the body was taken, for a period of three calendar years following the date of
20.20the removal. Following this period, and subject to any other laws requiring retention of
20.21records, the funeral establishment or crematory may then place the records in storage or
20.22reduce them to microfilm, microfiche, laser disc, or any other method that can produce an
20.23accurate reproduction of the original record, for retention for a period of ten calendar years
20.24from the date of the removal of the body. At the end of this period and subject to any other
20.25laws requiring retention of records, the funeral establishment or crematory may destroy
20.26the records by shredding, incineration, or any other manner that protects the privacy of
20.27the individuals identified in the records.

20.28    Sec. 46. Minnesota Statutes 2006, section 149A.90, subdivision 6, is amended to read:
20.29    Subd. 6. Removal procedure. Every individual removing a dead human body from
20.30the place of death shall use universal precautions and otherwise exercise all reasonable
20.31precautions to minimize the risk of transmitting any communicable disease from the body.
20.32Before removal, the body shall be wrapped in a sheet or pouch that is impervious to
20.33liquids, covered in such a manner that the body cannot be viewed, encased in a secure
20.34pouch, and placed on a regulation ambulance cot or on an aircraft ambulance stretcher.
20.35Any dead human body measuring 36 inches or less in length may be removed after having
21.1been properly wrapped, covered, and encased, but does not need to be placed on an
21.2ambulance cot or aircraft ambulance stretcher.

21.3    Sec. 47. Minnesota Statutes 2006, section 149A.90, subdivision 7, is amended to read:
21.4    Subd. 7. Conveyances permitted for removal. A dead human body may be
21.5transported from the place of death by any vehicle that meets the following standards:
21.6    (1) promotes respect for and preserves the dignity of the dead human body;
21.7    (2) shields the body from being viewed from outside of the conveyance;
21.8    (3) has ample enclosed area to accommodate an ambulance cot or aircraft ambulance
21.9stretcher in a horizontal position;
21.10    (4) is so designed to permit loading and unloading of the body without excessive
21.11tilting of the cot or stretcher; and
21.12    (5) if used for the transportation of more than one dead human body at one time,
21.13the vehicle must be designed so that a body or container does not rest directly on top
21.14of another body or container and that each body or container is secured to prevent the
21.15body or container from excessive movement within the conveyance. A dead human
21.16body measuring 36 inches or less in length may be transported from the place of death
21.17by passenger automobile. For purposes of this subdivision, a passenger automobile
21.18is a vehicle designed and used for carrying not more than ten persons, but excludes
21.19motorcycles and motor scooters.; and
21.20    (6) is designed so that the driver and the dead human body are in the same cab.

21.21    Sec. 48. Minnesota Statutes 2006, section 149A.90, subdivision 8, is amended to read:
21.22    Subd. 8. Proper holding facility required. The funeral establishment or crematory
21.23to which a dead human body is taken shall have an appropriate holding facility for storing
21.24the body while awaiting final disposition. The holding facility must be secure from access
21.25by anyone except the authorized personnel of the funeral establishment or crematory,
21.26preserve the dignity of the remains, and protect the health and safety of the funeral
21.27establishment or crematory personnel.

21.28    Sec. 49. Minnesota Statutes 2006, section 149A.91, subdivision 2, is amended to read:
21.29    Subd. 2. Preparation procedures; access to preparation room. The preparation
21.30of a dead human body for final disposition shall be performed in privacy. No person shall
21.31be permitted to be present in the preparation room while a dead human body is being
21.32embalmed, washed, or otherwise prepared for final disposition, except:
21.33    (1) licensed morticians or funeral directors and their authorized agents and
21.34employees;
21.35    (2) registered interns or students as described in subdivision 6;
22.1    (3) public officials or representatives in the discharge of their official duties; and
22.2    (4) licensed medical personnel; and.
22.3    (5) members of the immediate family of the deceased, their designated
22.4representatives, and any person receiving written authorization to be present. The written
22.5authorization must be dated and signed by the person with legal right to control the
22.6disposition and must be presented to the mortician or intern or practicum student who will
22.7be performing the procedure. The written authorization shall become part of the required
22.8records pursuant to subdivision 10.

22.9    Sec. 50. Minnesota Statutes 2006, section 149A.91, subdivision 3, is amended to read:
22.10    Subd. 3. Embalming required. A dead human body must be embalmed by a
22.11licensed mortician or registered intern or practicum student or clinical student in the
22.12following circumstances:
22.13    (1) if the body will be transported by public transportation;
22.14    (2) if final disposition will not be accomplished within 72 hours after death or
22.15release of the body by a competent authority with jurisdiction over the body or the body
22.16will be lawfully stored for final disposition in the future, except as provided in section
22.17149A.94, subdivision 1 ;
22.18    (3) if the body will be publicly viewed; or
22.19    (4) if so ordered by the commissioner of health for the control of infectious disease
22.20and the protection of the public health.
22.21    For purposes of this subdivision, publicly viewed means reviewal of a dead human
22.22body by anyone other than those mentioned in section 149A.80, subdivision 2, and minor
22.23children. Refrigeration may be used in lieu of embalming when required in clause (2). A
22.24body may not be kept in refrigeration for a period that exceeds six calendar days from
22.25the time and release of the body from the place of death or from the time of release from
22.26the coroner or medical examiner.

22.27    Sec. 51. Minnesota Statutes 2006, section 149A.91, subdivision 5, is amended to read:
22.28    Subd. 5. Authorization to embalm; required form. A written authorization to
22.29embalm must contain the following information:
22.30    (1) the date of the authorization;
22.31    (2) the name of the funeral establishment that will perform the embalming;
22.32    (3) the name, address, and relationship to the decedent of the person signing the
22.33authorization;
22.34    (4) an acknowledgment of the circumstances where embalming is required by law
22.35under subdivision 3;
23.1    (5) a statement certifying that the person signing the authorization is the person with
23.2legal right to control the disposition of the body prescribed in section 149A.80 or that
23.3person's legal designee;
23.4    (6) the name and signature of the person requesting the authorization and that
23.5person's relationship to the funeral establishment where the procedure will be performed;
23.6and
23.7    (7) the signature of the person who has the legal right to control the disposition or
23.8their legal designee.

23.9    Sec. 52. Minnesota Statutes 2006, section 149A.91, subdivision 6, is amended to read:
23.10    Subd. 6. Mortician required. Embalming of a dead human body shall be performed
23.11only by an individual holding a license to practice mortuary science in Minnesota, a
23.12registered intern pursuant to section 149A.20, subdivision 6, or a student registered for a
23.13practicum or clinical through an accredited college or university or a college of funeral
23.14service education accredited by the American Board of Funeral Service Education. An
23.15individual who holds a funeral director only license issued pursuant to section 149A.40,
23.16subdivision 2 , is prohibited from engaging in the embalming of a dead human body.

23.17    Sec. 53. Minnesota Statutes 2006, section 149A.91, subdivision 10, is amended to read:
23.18    Subd. 10. Required records. Every funeral establishment that causes a dead human
23.19body to be embalmed shall create and maintain on its premises or other business location
23.20in Minnesota an accurate record of every embalming performed. The record shall include
23.21all of the following information for each embalming:
23.22    (1) the name of the decedent and the date of death;
23.23    (2) the date the funeral establishment took physical custody of the body and, if
23.24applicable, the name of the person releasing the body to the custody of the funeral
23.25establishment;
23.26    (3) the reason for embalming the body;
23.27    (4) the name, address, and relationship to the decedent of the person who authorized
23.28the embalming of the body;
23.29    (5) the date the body was embalmed, including the time begun and the time of
23.30completion;
23.31    (6) the name, license number, and signature of the mortician who performed or
23.32personally supervised the intern or student who performed the embalming;
23.33    (7) the name, permit number, if applicable, and signature of any intern or practicum
23.34student or clinical student that participates in the embalming of a body, whether the intern
23.35or practicum student or clinical student performs part or all of the embalming; and
24.1    (8) the original written authorization to embalm and any other supporting
24.2documentation that establishes the legal right of the funeral establishment to physical
24.3custody of the body and to embalm the body.

24.4    Sec. 54. Minnesota Statutes 2006, section 149A.92, subdivision 2, is amended to read:
24.5    Subd. 2. Minimum requirements; general. Every funeral establishment must have
24.6a preparation and embalming room. The room shall be of sufficient size and dimensions
24.7to accommodate a preparation or embalming table, an open fixture approved flush bowl
24.8with water connections, a hand sink with water connections, and an instrument table,
24.9cabinet, or shelves.

24.10    Sec. 55. Minnesota Statutes 2006, section 149A.92, subdivision 6, is amended to read:
24.11    Subd. 6. Minimum requirements; equipment and supplies. The preparation
24.12and embalming room must have a preparation and embalming table and a functional
24.13aspirator, eye wash, and quick drench shower. The preparation and embalming table
24.14shall have a nonporous top, preferably of rustproof metal or porcelain, with raised edges
24.15around the top of the entire table and a drain opening at the lower end. Where embalmings
24.16are actually performed in the room, the room must be equipped with a preparation and
24.17embalming table, a functional method for injection of fluids, an eye wash station, and
24.18sufficient supplies and instruments for normal operation. The preparation and embalming
24.19table shall have a nonporous top of rustproof metal or porcelain, with raised edges around
24.20the top of the entire table and a drain opening at the lower end. All supplies must be stored
24.21and used in accordance with all applicable state and federal regulations for occupational
24.22health and safety.

24.23    Sec. 56. Minnesota Statutes 2006, section 149A.93, subdivision 1, is amended to read:
24.24    Subdivision 1. Permits required. After removal from the place of death to any
24.25location where the body is held awaiting final disposition, further transportation of the
24.26body shall require a transit permit issued by a licensed mortician certificate of removal.
24.27Permits The certificate of removal shall contain the information required on in the permit
24.28form format as furnished by the commissioner.

24.29    Sec. 57. Minnesota Statutes 2006, section 149A.93, subdivision 2, is amended to read:
24.30    Subd. 2. Transit permit Certificate of removal. A transit permit certificate of
24.31removal is required when:
24.32    (1) legal and physical custody of the body is transferred;
24.33    (2) a body is transported by public transportation; or
24.34    (3) a body is removed from the state.

25.1    Sec. 58. Minnesota Statutes 2006, section 149A.93, is amended by adding a
25.2subdivision to read:
25.3    Subd. 2a. Retention of certificate of removal. A copy of the certificate of
25.4removal shall be retained by the funeral establishment or representative of the legal entity
25.5releasing legal and physical custody of the body. The original certificate of removal shall
25.6accompany the remains to the legal entity to which custody is transferred. The funeral
25.7establishment releasing the custody of the remains shall retain a copy of the certificate of
25.8removal for a period of three calendar years following the date of the transfer of custody.
25.9Following this period, and subject to any other laws requiring retention of records, the
25.10funeral establishment may then place the records in storage or reduce them to microfilm,
25.11microfiche, laser disc, or any other method that can produce an accurate reproduction of the
25.12original record, for retention for a period of ten calendar years from the date of the removal
25.13of the body. At the end of this period and subject to any other laws requiring retention of
25.14records, the funeral establishment may destroy the records by shredding, incineration, or
25.15any other manner that protects the privacy of the individuals identified in the records.

25.16    Sec. 59. Minnesota Statutes 2006, section 149A.93, subdivision 3, is amended to read:
25.17    Subd. 3. Disposition permit. A disposition permit is required before a body can be
25.18buried, entombed, or cremated. No disposition permit shall be issued until a fact of death
25.19record has been completed and filed with the local or state registrar of vital statistics.

25.20    Sec. 60. Minnesota Statutes 2006, section 149A.93, subdivision 4, is amended to read:
25.21    Subd. 4. Possession of permit. Until the body is delivered for final disposition, the
25.22disposition permit shall be in possession of the person in physical or legal custody of the
25.23body, or attached to the transportation container which holds the body. At the place of
25.24final disposition, legal and physical custody of the body shall pass with the filing of the
25.25disposition permit with the person in charge of that place.

25.26    Sec. 61. Minnesota Statutes 2006, section 149A.93, subdivision 6, is amended to read:
25.27    Subd. 6. Conveyances permitted for transportation. A dead human body may be
25.28transported by means of public transportation provided that the body must be properly
25.29embalmed and encased in an appropriate container, or by any private vehicle or aircraft
25.30that meets the following standards:
25.31    (1) promotes respect for and preserves the dignity of the dead human body;
25.32    (2) shields the body from being viewed from outside of the conveyance;
25.33    (3) has ample enclosed area to accommodate a regulation ambulance cot, aircraft
25.34ambulance stretcher, casket, alternative container, or cremation container in a horizontal
25.35position;
26.1    (4) is designed to permit loading and unloading of the body without excessive tilting
26.2of the casket, alternative container, or cremation container; and
26.3    (5) if used for the transportation of more than one dead human body at one time,
26.4the vehicle must be designed so that a body or container does not rest directly on top of
26.5another body or container and that each body or container is secured to prevent the body
26.6or container from excessive movement within the conveyance.; and
26.7    (6) is designed so that the driver and the dead human body are in the same cab.

26.8    Sec. 62. Minnesota Statutes 2006, section 149A.93, subdivision 8, is amended to read:
26.9    Subd. 8. Who may transport. Subject to section 149A.09, A dead human body
26.10need not be transported under the direct, personal supervision of a licensed mortician
26.11or funeral director. In circumstances where there is no reasonable probability that
26.12unlicensed personnel will encounter family members or other persons with whom funeral
26.13arrangements are normally made by licensed morticians or funeral directors, a dead human
26.14body may be transported without the direct, personal supervision of a licensed mortician.
26.15Any inadvertent contact with family members or other persons as described above shall
26.16be restricted to unlicensed personnel identifying the employer to the person encountered,
26.17offering to arrange an appointment with the employer for any person who indicates a
26.18desire to make funeral arrangements for the deceased, and making any disclosure to the
26.19person that is required by state or federal regulations may be transported by unlicensed
26.20personnel according to section 149A.90. A licensed mortician or funeral director who
26.21directs the transport of a dead human body without providing direct, personal supervision
26.22by unlicensed personnel shall be held strictly accountable for compliance with this chapter.

26.23    Sec. 63. Minnesota Statutes 2006, section 149A.94, subdivision 1, is amended to read:
26.24    Subdivision 1. Generally. Every dead human body lying within the state, except
26.25those delivered for dissection pursuant to section 525.9213, those delivered for anatomical
26.26study pursuant to section 149A.81, subdivision 2, or lawfully carried through the state
26.27for the purpose of disposition elsewhere; and the remains of any dead human body after
26.28dissection or anatomical study, shall be decently buried, entombed, or cremated, within a
26.29reasonable time after death. Where final disposition of a body will not be accomplished
26.30within 72 hours following death or release of the body by a competent authority with
26.31jurisdiction over the body, the body must be properly embalmed or refrigerated. A body
26.32may not be kept in refrigeration for a period exceeding six calendar days from the time of
26.33death or release of the body from the coroner or medical examiner. For purposes of this
26.34section, refrigeration is not considered a form of preservation or disinfection and does not
26.35alter the 72-hour requirement, except as provided in subdivision 2.

27.1    Sec. 64. Minnesota Statutes 2006, section 149A.94, subdivision 3, is amended to read:
27.2    Subd. 3. Permit required. No dead human body shall be buried, entombed, or
27.3cremated without a disposition permit. The disposition permit must be filed with the
27.4person in charge of the place of final disposition. Where a dead human body will be
27.5transported out of this state for final disposition, the body must be accompanied by a
27.6transit permit certificate of removal.

27.7    Sec. 65. Minnesota Statutes 2006, section 149A.95, subdivision 2, is amended to read:
27.8    Subd. 2. General requirements. Any building to be used as a crematory must
27.9comply with all applicable local and state building codes, zoning laws and ordinances,
27.10and environmental standards. A crematory must have, on site, a human cremation system
27.11approved by the commissioner, a motorized mechanical device for processing cremated
27.12remains and must have, in the building or adjacent to it, a holding facility for the retention
27.13of dead human bodies awaiting cremation. The holding facility must be secure from
27.14access by anyone except the authorized personnel of the crematory, preserve the dignity of
27.15the remains, and protect the health and safety of the crematory personnel.

27.16    Sec. 66. Minnesota Statutes 2006, section 149A.95, subdivision 4, is amended to read:
27.17    Subd. 4. Authorization to cremate required. No crematory shall cremate or
27.18cause to be cremated any dead human body or identifiable body part without receiving
27.19written authorization to do so from the person or persons who has have the legal right to
27.20control disposition as described in section 149A.80 or the person's legal designee. The
27.21written authorization must include:
27.22    (1) the name of the deceased and the date of death;
27.23    (2) a statement authorizing the crematory to cremate the body;
27.24    (3) the name, address, relationship to the deceased, and signature of the person or
27.25persons with legal right to control final disposition or a legal designee;
27.26    (4) certification that the body does not contain any implanted mechanical or
27.27radioactive device, such as a heart pacemaker, that may create a hazard when placed in
27.28the cremation chamber;
27.29    (5) authorization to remove the body from the container in which it was delivered, if
27.30that container is not appropriate for cremation, and to place the body in an appropriate
27.31cremation container and directions for the disposition of the original container;
27.32    (6) authorization to open the cremation chamber and reposition the body to facilitate
27.33a thorough cremation and to remove from the cremation chamber and separate from the
27.34cremated remains, any noncombustible materials or items;
27.35    (7) directions for the disposition of any noncombustible materials or items recovered
27.36from the cremation chamber;
28.1    (8) acknowledgment that the cremated remains will be mechanically reduced to
28.2a granulated appearance and placed in an appropriate container and authorization to
28.3place any cremated remains that a selected urn or container will not accommodate into a
28.4temporary container;
28.5    (9) acknowledgment that, even with the exercise of reasonable care, it is not possible
28.6to recover all particles of the cremated remains and that some particles may inadvertently
28.7become commingled with disintegrated chamber material and particles of other cremated
28.8remains that remain in the cremation chamber or other mechanical devices used to process
28.9the cremated remains; and
28.10    (10) directions for the ultimate disposition of the cremated remains.

28.11    Sec. 67. Minnesota Statutes 2006, section 149A.95, subdivision 6, is amended to read:
28.12    Subd. 6. Acceptance of delivery of body. No dead human body shall be accepted
28.13for final disposition by cremation unless encased in an appropriate cremation container or
28.14casket, wrapped in an impermeable sheet or pouch of five millimeters or more thickness,
28.15accompanied by a disposition permit issued pursuant to section 149A.93, subdivision 3,
28.16including a photocopy of the completed death record or a signed release authorizing
28.17cremation of the body received from the coroner or medical examiner, and accompanied
28.18by a cremation authorization that complies with subdivision 4. A crematory may shall
28.19refuse to accept delivery of a cremation container where there is:
28.20    (1) evidence of leakage of fluids from the body cremation container;
28.21    (2) a known dispute concerning cremation of the body delivered;
28.22    (3) a reasonable basis for questioning any of the representations made on the written
28.23authorization to cremate; or
28.24    (4) any other lawful reason.

28.25    Sec. 68. Minnesota Statutes 2006, section 149A.95, is amended by adding a
28.26subdivision to read:
28.27    Subd. 6a. Bodies awaiting cremation. A dead human body must be cremated
28.28within 24 hours of the crematory accepting legal and physical custody of the body.

28.29    Sec. 69. Minnesota Statutes 2006, section 149A.95, subdivision 7, is amended to read:
28.30    Subd. 7. Handling of cremation containers for dead human bodies. All
28.31crematory employees handling cremation containers for dead human bodies shall use
28.32universal precautions and otherwise exercise all reasonable precautions to minimize the
28.33risk of transmitting any communicable disease from the body. No dead human body shall
28.34be removed from the container in which it is delivered to the crematory without express
28.35written authorization of the person or persons with legal right to control the disposition
29.1and only by a licensed mortician. If, after accepting delivery of a body for cremation,
29.2it is discovered that the body contains an implanted mechanical or radioactive device,
29.3that device must be removed from the body by a licensed mortician or physician prior
29.4to cremation.

29.5    Sec. 70. Minnesota Statutes 2006, section 149A.95, subdivision 9, is amended to read:
29.6    Subd. 9. Cremation chamber for human remains. A licensed crematory shall
29.7knowingly cremate only dead human bodies or human remains in a cremation chamber,
29.8along with the cremation container or casket and a the sheet or pouch used for disease
29.9control.

29.10    Sec. 71. Minnesota Statutes 2006, section 149A.95, subdivision 13, is amended to read:
29.11    Subd. 13. Cremation procedures; commingling of cremated remains prohibited.
29.12    Except with the express written permission of the person with legal right to control
29.13the final disposition or otherwise provided by law, no crematory shall mechanically
29.14process the cremated human remains of more than one body at a time in the same
29.15mechanical processor, or introduce the cremated human remains of a second body into
29.16a mechanical processor until processing of any preceding cremated human remains has
29.17been terminated and reasonable efforts have been employed to remove all fragments
29.18of the preceding cremated remains. The fact that there is incidental and unavoidable
29.19residue in the mechanical processor or any container used in a prior cremation is not a
29.20violation of this provision.

29.21    Sec. 72. Minnesota Statutes 2006, section 149A.95, subdivision 14, is amended to read:
29.22    Subd. 14. Cremation procedures; processing cremated remains. The cremated
29.23human remains shall be reduced by a motorized mechanical device to a granulated
29.24appearance appropriate for final disposition and placed in a cremated remains container
29.25along with the appropriate identifying disk, tab, or permanent label.

29.26    Sec. 73. Minnesota Statutes 2006, section 149A.95, subdivision 15, is amended to read:
29.27    Subd. 15. Cremation procedures; container of insufficient capacity. If a cremated
29.28remains container is of insufficient capacity to accommodate all cremated remains of a
29.29given dead human body, subject to directives provided in the written authorization to
29.30cremate, the crematory shall place the excess cremated remains in a secondary cremated
29.31remains container and attach the second container, in a manner so as not to be easily
29.32detached through incidental contact, to the primary cremated remains container. The
29.33secondary container shall contain a duplicate of the identification disk, tab, or permanent
29.34label that was placed in the primary container and all paperwork regarding the given body
29.35shall include a notation that the cremated remains were placed in two containers.

30.1    Sec. 74. Minnesota Statutes 2006, section 149A.95, subdivision 20, is amended to read:
30.2    Subd. 20. Required records. Every crematory shall create and maintain on its
30.3premises or other business location in Minnesota an accurate record of every cremation
30.4provided. The record shall include all of the following information for each cremation:
30.5    (1) the name of the person or funeral establishment delivering the body for cremation;
30.6    (2) the name of the deceased and the identification number assigned to the body;
30.7    (3) the date of acceptance of delivery;
30.8    (4) the names of the cremation chamber and mechanical processor operator;
30.9    (5) the time and date that the body was placed in and removed from the cremation
30.10chamber;
30.11    (6) the time and date that processing and inurnment of the cremated remains was
30.12completed;
30.13    (7) the time, date, and manner of release of the cremated remains;
30.14    (8) the name and address of the person who signed the authorization to cremate; and
30.15    (9) all supporting documentation, including any transit or disposition permits, a
30.16photocopy of the death record, and the authorization to cremate.; and
30.17    (10) the type of cremation container.

30.18    Sec. 75. Minnesota Statutes 2006, section 149A.96, subdivision 1, is amended to read:
30.19    Subdivision 1. Written authorization. Except as provided in this section, no dead
30.20human body or human remains shall be disinterred and reinterred without the written
30.21authorization of the person or persons legally entitled to control the body or remains and a
30.22disinterment-reinterment permit properly issued by the state registrar commissioner or a
30.23licensed mortician. Permits shall contain the information required on the permit form as
30.24furnished by the commissioner.

30.25    Sec. 76. REPEALER.
30.26Minnesota Statutes 2006, sections 149A.93, subdivision 9; and 149A.94, subdivision
30.272, are repealed."
30.28Correct the title numbers accordingly